REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KIAMBU CRIMINAL CASE NO. E015 OF 2021 BETWEEN REPUBLIC....................................................PROSECUTOR VERSUS NEWTON WAKA................................................ACCUSED RULING 1. NEWTON WAKA (the accused) is awaiting his trial for the charge of murder. Unless there are compelling reasons not to release an accused person bail/bond should be granted to an accused pending trial: See Article 49(1)(h) of the Constitution. 2. Article 50(2)(a) provides that an accused person should be presumed innocent until contrary is proved. 3. The accused is said to have a fixed abode where he resides with his family and two children. 4. Accused’s application was not opposed by prosecution. In view of the State’s position on the bail application, and because the main consideration in an application for bail is that there be an assurance an accused will attend trial, as stated in the case of REPUBLIC VS. ROBERT ZIPPOR NZILU (2018) eKLR, and since I have no doubt in the accused undertaking to attend his trial, I will grant him bond. 5. Accordingly, I grant the following orders:a. NEWTON WAKA is granted bond of Kshs.500,000/= with one surety of similar amount. b. The accused shall not interfere with the prosecution’s witnesses. RULING DATED and DELIVERED at KIAMBU this 3rd day of JUNE, 2021. MARY KASANGO JUDGE Coram: Court Assistant: Ndege Accused: …… Present For Accused: Mr. Muhita For DPP COURT : Mr. Kasyoka
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RULING delivered virtually. MARY KASANGO JUDGE
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